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All Journal Jejak digital: Jurnal Ilmiah Multidisiplin Sujud: Jurnal Agama, Sosial dan Budaya
Maulagina Azkiya Mazidah
Universitas Islam Negeri Palangka Raya
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Mahar Terhutang dalam Perkawinan Islam: Tinjauan Yuridis Berdasarkan Kompilasi Hukum Islam Muhammad I Iqbal; Khairudin Nor; Ahmad Zaky Kurniawan; Maulagina Azkiya Mazidah
Sujud: Jurnal Agama, Sosial dan Budaya Vol. 2 No. 3 (2026): JUNI-SEPTEMBER
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/rbnxje45

Abstract

Mahr (dowry) is the right of the wife that must be fulfilled by the husband in an Islamic marriage. In practice, there are many cases where the mahr has not been handed over at the time of the marriage contract and subsequently becomes a legally binding debt owed by the husband. This study aims to juridically examine the legal standing of deferred mahr based on the provisions of the Islamic Law Compilation (KHI) of Indonesia, to analyze the views of Islamic jurists from various schools of law on the matter, and to explore its legal implications in cases of divorce or the husband’s death. This study employs a normative juridical method with statutory and conceptual approaches, supported by primary legal sources in the form of the KHI and secondary sources consisting of classical fiqh literature and relevant scholarly works. The findings indicate that Article 33 paragraph (2) of the KHI permits the deferral of mahr delivery upon the wife’s consent, and that the undelivered mahr becomes a mandatory debt for the husband to repay. Article 34 paragraph (2) affirms that the existence of a deferred mahr does not diminish the validity of the marriage. The four major schools of Islamic law generally agree on the permissibility of deferring mahr, though they differ regarding the conditions and time limits involved. The mahr debt remains binding even after the marriage has ended, whether through divorce or the husband’s death, and may be taken from the estate if the husband passes away. This study concludes that the regulation of deferred mahr in the KHI reflects a balance between legal flexibility and the protection of the wife’s rights, while emphasizing the need to improve public legal awareness so that this obligation is not overlooked.
Paradigma Organik-Integralistik dalam Ketatanegaraan: Analisis Perspektif Fikih Siyasah Kontemporer Savitri Savitri; Asyifa Khairunnisa; Ribi Aulia; Maulagina Azkiya Mazidah; Riha Dhatul Aisyah; Surya Sukti
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/1bqe2822

Abstract

The organic-integralistic paradigm in constitutional analysis views the nation and society as a whole interconnected unit. In the context of contemporary political jurisprudence, this paradigm is important to answer the complex challenges in the administration of modern government. This study aims to analyze the relevance of the organic-integralistic paradigm in the perspective of contemporary fiqh siyasah. The method used is qualitative research with a descriptive approach through literature study. The results of the study show that Islamic political thought developed in response to globalization, liberalism, and demands for the protection of people's rights. In this case, the organic-integralistic paradigm plays a role in building a constitutional system oriented to sharia maqashid. In addition, this paradigm encourages the creation of a harmonious relationship between religious values and state authority. Various implementation models were found, ranging from traditional religious approaches to organic-Islamic models that are adaptive to the times. Thus, the organic-integralistic paradigm can be a conceptual alternative in formulating an integrative constitutional system between religious norms and modern administrative principles in a balanced and sustainable manner.
Co-Authors Ahmad Zaky Kurniawan Asyifa Khairunnisa Khairudin Nor Muhammad I Iqbal Ribi Aulia Riha Dhatul Aisyah Savitri Savitri Surya Sukti